The Analysis Of Competition Law Regarding The Dispute Between Qi Hu360and Teng Xun QQ Softwares

Accompanied by the emergence and development of the internet market, theillegal competition is becoming more visible gradually. Due to the lagging behind ofthe law, it cannot fully adapt to the new phenomenon of the market. How to regulatethe illegal competition in this market, which matters to the healthy development ofChina’s internet economy to a great extent. Nov.3,2010, with the release of an openletter issued by Tencent QQ, the long-standing grudge between the two parties hascome into the light. In this letter, Tencent QQ announces that the users can onlychoose one out the two softwares. Both of Tencent QQ and Qihu360only concerntheir own interests, irrespective of the interest of the users and the competition rulesof the market, which also exposes many problems in our competition law.In the interest of the development needs in our interest economy, by analyzingthis dispute, the writer trys to focus on the improvement of the two legal systems, i.e.anti-monopoly law and anti-unfair competition law. This paper is divided into threesections: Part1. Analyzing the market shares of the two softwares, reflecting thedispute process, the judgment and the results, the writer points out the adverse effectson the users and the enterprises. Part2. In the perspective of anti-monopoly, the writeranalyzes the conflict. The main body of this section is the case comparison betweenthis conflict and the typical cases of the anti-monopoly in EU, the market definition,how to acknowledge that a market player misuse its dominant status, and how toacknowledge this in this conflict. This conflict exposes the problems of ouranti-monopoly law, we can make out some typical case guidance, and strike thebalance in market competition in the interests of consumers. Part3. In the perspectiveof anti-unfair competition, the writer analyzes this conflict. The main body of thissection is as follow: the violation against the anti-unfair competition in this conflict,the problems of the internet, the theory and characters of American anti-unfaircompetition, how we can learn from the experience of American regulation over theinternet, and the advices on improving the legal regulation over the software conflictsin the internet market.